The Perils of Interfering With Scheduled Parenting Time

California family law presumes that “frequent and continuing contact” with both parents after the parents have separated or divorced is in the best interest of children. Accordingly, the courts almost always order visitation (also known as “parenting time”) to preserve those vital parent-child bonds. However, child custody and visitation orders are not mere suggestions; they are enforceable judicial orders, the violation of which can result in legal consequences. If you’re experiencing issues with your child’s parent consistently missing or interfering with scheduled parenting time, a Stockton child visitation lawyer can assist you. 

Isolated Incidents vs. Consistent Patterns 

Not all violations of visitation orders are necessarily cause for concern or reason to run to the court. For example, a parent who misses visitation once or twice due to medical emergencies, work schedule changes, or other unforeseen circumstances should generally not be viewed as interfering with visitation, especially if such last-minute changes are communicated in advance. However, consistent patterns of missing visitation — such as multiple missed visits without notice, repeated last-minute cancellations, and failing to return children on time — are more concerning and may be grounds for seeking court intervention. 

Enforcement Options for Parents Who Interfere With Parenting Time

Missing or otherwise interfering with visitation can have serious emotional consequences for the child of the unreliable parent, as well as legal repercussions for said parent. That’s because the other parent may enforce a visitation order using one or more of the following methods: 

• Contempt of court: Violations of any court order — including a visitation order — can be cause for a finding of contempt. While rare, contempt of court for refusing to comply with a court order can come with fines, community service, or jail. 
• Financial compensation: In cases where a parent interferes with the other parent’s attempt to exercise custody or visitation rights, the court may order financial compensation in the form of reasonable expenses incurred as a result of the other parent’s thwarting of visitation rights.  
• Police involvement: If the child’s other parent refuses to return the child or you believe the child is in immediate danger, you may file a police report. 
• Modification: In cases where the other parent’s interference with visitation is chronic and widespread, their interference may count as a significantly changed circumstance sufficient for a child custody modification.

The Importance of Record-Keeping for Parenting Time 

It’s difficult to enforce a child visitation order if you cannot document the occurrences of the other parent violating it. As such, be sure to keep detailed records of your parenting time. Such records could include documentation of missed visits, time stamps for pickups and drop-offs, communications with the other parent regarding visitation, and reasons offered for the other parent’s violation. 

Enforce a Visitation Order With Help From a Stockton Child Visitation Lawyer 

If you’re dealing with a parent who is unreliable with parenting time and you have tried to work out the issue on your own without success, you may need to move to the next step. For more information, please contact a Stockton child visitation lawyer at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.